My new game: Tales Of Eriyius

[DST]

There are two types of infringement: Copyright infringement and Trademark infringement.The graphics, sound, and dialog are copyrighted, while the name is most likely trademarked.

Copyright infringement is only prosecutable only if you make money off of it or use it to build up your own trademark.

3rd party money isn't a problem, like if you have a freewebs site that displays a freewebs ad, this would be no different than Youtube infringement, where they can dump your account but they can't sue you, because you weren't making the money.

If you host google ads for profit, however, that would be direct infringement, punishable by fines up to 250,000 USD, as well as compensation (you'd have to give them all the money you made). However, i don't think this is where Azou is going with this. The bigger issue here is called "Trademark Dilution".

TradeMarks
The name of the game, Tales of Symphonia, is a Trademark. Trademark laws are not a onetime protection like copyright, but instead are ongoing. This means you can't use the Coca Cola logo without their permission, because then you could make people think that coke supports what you're doing. (this is why mickey mouse isn't public domain, even though the copyright should have expired).

This was reinforced in the case of "The Brothers Grime" who made dirty cartoons using Disney Characters, which reflects poorly on the Disney Trademarks, and if it were allowed, corporations could use it to constantly attack and devalue trademarks that the owners put a LOT of advertising money into to built up its popularity and recognition.

(what if i went around flaming and spamming forums using the nickname "Azou"?)

Often times, when you see advertisements that say that their product is better than another specific brand, they avoid lawsuits simply by weakening the legal case; If clorox says their product cleans tile better than formula 409, they didn't say 409 kills people, or is used by terrorists. They still showed 409 cleaning a bathroom, which is what it is for, so the trademark isn't really diluted. And saying another product is 'better' isn't really a crime because there are no laws saying a commercial has to be truthful. (someone who doesn't like Lucky Charms cannot sue lucky charms for saying they're "Magically Delicious", because 'delicious' is impossible to define. They could only sue lucky charms if they said "lucky charms cures cancer" because that would be an outright lie that could result in real deaths.)


Calm Down
Its not likely that anything will happen in this situation, Azou doesn't have 10 million dollars so the companies aren't going to bother sueing him; and since the game isn't commercially distributed, and the trademark doesn't seem be used in a bad way, there's really no case to make here.

I hope that clarifies things for everyone. I made my first post on this thread more to give respect to Fujishima than to bash Azou, as i have been a fan of the tales series for a while. Tales of Phantasia had all the stuff a Playstation game would have, but on a SNES! It's incredible!

[Azou]

Thanks for this, DST!
My game isn't commercial, so I don't think I'll get problem with the Touhou-creator!
I would like to draw characters myself, but I can't !

Update:




PS: For the image on my signature, I just put TOS, but it's not that!

[Bee-Ant]

Its okay Azou-chan
Lacking in arts doesnt mean lack in coding. Keep your work up.
Eh,try to minimize your file size...so that we can play it

[Azou]

Lol, I tried to, and I erased about 100mo. But it's still heavy! I always have to wait 10min or so everytime I want to edit it!
I think the complete game will be something like 1.5go, I'm trying to reduce the size as much as I can!

[Azou]

Update:











It's the map of the 2nd stage(50% ready)

[makslane]

Great images!

[Azou]

Thanks!!

[MrJolteon]

I have one word for you: AWESOME!
+1 point for you!
BTW:

Tales of Eriyius 2008-2009

I suggest you start writing 2009-2010 instead of 2008-2009.
This year's soon gone! Forever(except if you build a time machine lol)
And also: Why is the game in french?

[Bee-Ant]

Why is the game in french?

Azou better in French than English...

[Azou]

But I'll try to translate the game in English!
Anyway, thanks, MrJolton, I'm so happy!!!!

[MrJolteon]

Why is the game in french?

Azou better in French than English...

Ok.

[hachibi]

Azou just by curiousity, what software do you use for creating the game? is it game editor? if it is than can you tell me where is the menu for special effect (even tought there is no OpenGL in GE libs).


Best regard,
The eigh tail Hachibi

[Azou]

I indeed use Game Editor for this project.
For the special effects, I use Particle Illusion 3. It's an amazing software !
Hope it helped!!! ^^

[hachibi]

I indeed use Game Editor for this project.
For the special effects, I use Particle Illusion 3. It's an amazing software !
Hope it helped!!! ^^

I hope i can found an equivalent to particule illusion in freeware/open-source. Beside how do you export them in GE?

[Azou]

There is an option ( a red button)which gives you the oportunity to export your SFX in .png format.
Then, you can load with the Multiple Frames option in Game-Editor.
Btw, Particle illusion has a demo which is free (has a 30days limitation)